Foreign Relations of the United States, Conferences at Washington and Quebec, 1943

740.00119 EW/8–2043; id./8–2343

Draft of Additional Conditions To Be Imposed Upon the Italian Government

undated

[Editorial Note.—The editor has prepared the following composite text of the “further” or “additional” terms (i.e., terms in addition to the “short” or “military” terms) to be imposed upon Italy from two separate drafts of this instrument, one dated August 19, 1943, and the other undated but prepared on August 23, 1943. The text of this document as mimeographed on August 19, and taken to the Quebec Conference by Dunn, who left Washington on that date, is printed below in roman and canceled roman type. Changes in the text were made in Washington (while Dunn was at Quebec) in three stages: in a revised draft dated August 20 (not printed); during a special meeting of the Combined Civil Affairs Committee on August 21 (for minutes, see post, p. 1082); and at a drafting meeting on August 23 (see post, p. 1088). Deletions made from the August 19 draft during this consideration of the text in Washington are represented here by canceled type; additions made to the draft, by italics. The text as it stood on August 23, therefore, is that printed here in plain roman type and italics. Dunn is known to have discussed these “further” or “additional” terms at Quebec within the United States Delegation, but no minutes of such discussions have been found, and no evidence has been found that this subject was discussed at Quebec with members of the British Delegation, although it had been anticipated in Washington that Dunn would probably discuss it at Quebec with Gladwyn Jebb (J.C.S. Files). At no stage of its development did this draft represent an agreed Anglo-American text. As of August 23, all of the text except articles 3, 4, 5a, and 29 had working-level approval of both British and United States officials working on the text in Washington (see post, p. 1088), but it was never approved by the Combined Civil Affairs Committee and it was never submitted to the Combined Chiefs of Staff (see post, p. 1089, fn. 6). The approach of using the text of “further” or “additional” terms was dropped when the text of the “long” or “comprehensive” terms was telegraphed to Eisenhower on August 26, 1943, following approval by Roosevelt and Churchill (see post, p. 1161).]

secret

19 August 1943.

Additional Conditions Further Terms To Be Imposed Upon the Italian Government

Whereas the Italian Government and the Italian Supreme Command in acknowledgment of total defeat have accepted on the basis of unconditional surrender the military terms on which the United States and. United Kingdom Governments acting on behalf of the United Nations were prepared to suspend hostilities against Italy.

The following further terms have been presented by …,¹ duly authorized to that effect, and have been accepted by …, representing the Supreme Command of the Italian land, sea and air forces, and duly authorized to that effect by the Italian Government.

1. The Italian land, sea air forces wherever located hereby surrender unconditionally. The whole resources of Italy will be placed at the disposal of the Allied Commander-in-Chief.

2. Unilateral decrees issued by Italy and all conditions, conventions and treaties entered into between Italy and any conquered or occupied country since 1 January 1935 shall be considered null and void.

3. All restrictions imposed by Italy upon neutral shipping or the shipping of any conquered or occupied country are considered null and void.

1. Allied Forces reserve the right to occupy and establish military government in the whole of Italy or any parts thereof.

4. 2. a. Relations with countries at war with any of the United Nations, or occupied by any such country, (or in any other territory specified by the United Nations) will be broken off. Italian diplomatic, consular and other officials and members of Italian land, sea and air forces accredited to or serving on missions with any such country will be recalled. Diplomatic and consular officials of such countries will be dealt with as the United Nations may prescribe. Military, naval and air missions will be recalled from all neutral countries.

b. The United Nations reserve the right to require the withdrawal of neutral diplomatic and consular officers from occupied Italian territory and to prescribe and lay down regulations governing the procedure for and methods of communication between the Italian government and its representatives in neutral countries and regarding communications emanating from or destined for the representatives of neutral countries in Italian territory.

c. Italian subjects will, pending further instructions, be prevented from leaving Italian territory except as authorized by the Allied Commander-in-Chief and will not in any event take service with any of the countries at war with any of the United Nations or occupied by such country, countries, nor will they proceed to any place for the purpose of undertaking work for any such country countries. Those at present so serving or working will be recalled as directed by the Allied Commander-in-Chief.

5. Allied forces preserve the right to occupy and establish military government in the whole of Italy or parts thereof.

6. 3. The exercise of the prerogatives of the Crown will be suspended throughout Italy in all Italian territories. The powers of the central Italian government will be suspended in all occupied areas and in such other areas as are designated as military districts by the Allied Commander-in-Chief as Military Districts.

7. 4. In all occupied areas and military districts, the Allied United Nations will exercise all the rights of an occupying power. Complete freedom of movement will be accorded to forces of the United Nations within the limits of Italian territory.

8. 5. a. Subject to the supreme authority of the Allied Commander-in-Chief, the Italian government will exercise legislative, judicial and executive powers in all unoccupied areas, these functions to continue only until, the general military situation permitting, the people of Italy shall have an opportunity freely to determine the form of permanent government, based on democratic principles, to be established in their country. In all unoccupied areas, facilities will fee made available to fee Allied Commander-in-Chief as are requested by him.

b. In all unoccupied areas, all naval, military and air installations, power stations, oil refineries, public utility services, all ports and harbors, all transport and all intercommunication installations, facilities and equipment and such other installations or facilities and all such stocks as may be required by the United Nations will be made available in good condition by the competent Italian authorities with the personnel required for working them. The Italian government will make available such other local resources or services as the United Nations may require.

9. 6. The Italian government and the Italian Supreme Command will furnish forthwith lists of quantities of all war material showing the location of the same. Subject to such uses as the Allied Commander-in-Chief may make of it, the war material will be placed in store under such control as he may direct. The ultimate disposal of war material will be prescribed by the United Nations.

10. 7. No requisitioning, seizures or other coercive measures shall be effected by Italian land, sea and air forces or officials in regard to persons or property in all areas outside of Continental Europe Metropolitan Italy.

11. 8. The Italian Supreme Command will make available all information about naval, military and air devices, installations, and defenses, about all transport and inter-communication systems established by Italy or her Allies on Italian territory or in the approaches thereto, about minefields or other obstacles to movement by land, sea or air and such other particulars as the United Nations may require in connection with the use of Italian bases, or with the operations, security, or welfare of the United Nations land, sea or air forces. Italian forces and equipment will be made available as required by the United Nations for the removal of the above-mentioned obstacles.

12. 9. The Italian Supreme Command will give full information concerning the disposition and condition of all Italian land, sea and air forces, wherever they are situated and of all such forces of Italy’s Allies as are situated in Italian or Italian-occupied territory.

13. 10. The manufacture, production and construction of war material and its import, export and transit is prohibited, except as directed by the United Nations. The Italian government will comply with any directions given by the United Nations for the manufacture, production or construction and the import, export or transit of war material.

14. 11. a. All Italian merchant shipping and fishing and other crafts, wherever they may be, and any constructed or completed during the period of the present instrument will be made available in good repair and in seaworthy condition by the competent Italian authorities at such places and for such purposes and periods as the United Nations may prescribe. Transfer to enemy or neutral flags is prohibited. Crews will remain on board pending further instructions regarding their continued employment or dispersal. Any existing options to repurchase or re-acquire or to resume control of Italian or former Italian vessels sold or otherwise transferred or chartered during the war will forthwith be exercised and the above provisions will apply to all such vessels and their crews.

b. All Italian inland transport and aircraft and all port equipment will be held at the disposal of the United Nations for such purposes as they may direct.

15. 12. a. United Nations merchant ships, fishing and other craft in Italian hands wherever they may be (including for this purpose those of any country which has broken off diplomatic relations with Italy) whether or not the title has been transferred as the result of Prize Court proceedings or otherwise, will be surrendered to the United Nations and will be assembled in ports to be specified by the United Nations for the disposal as directed by them. The Italian government will take all such steps as may be required to secure any necessary transfers of title. Any neutral merchant ship, fishing or other craft under Italian operations or control will be assembled in the same manner pending arrangements for their ultimate disposal. Any necessary repairs to any of the above-mentioned vessels will be effected by the Italian government, if required, and at their expense. The Italian government will take the necessary measures to insure that the vessels and their cargo are not damaged.

12. b. The Italian Government will comply with any instructions given by the Allied Commander-in-Chief concerning the internment, custody or subsequent disposal or employment of any persons, vessels, aircraft, material or property of any country against which any of the United Nations is carrying on hostilities or which is occupied by any such country.

c. The Italian Government will comply with the directions of the Control Commission, referred to in Article 25a below, relating to all existing restrictions, regulations, and laws imposed by Italy upon neutral shipping or the shipping of any conquered or occupied countries.

16. 13. No radio or telecommunication installations or other forms of inter-communication, ashore or afloat, under Italian control whether belonging to Italy or any nation other than the United Nations will transmit until directions for the control of these installations have been prescribed by the Allied Commander-in-Chief. The Italian Authorities will conform to such measures for control and censorship of press and of other publications, of theatrical and cinematograph performances, of broadcasting, and also of all forms of inter-communication as the Allied Commander-in-Chief may direct. The Allied Commander-in-Chief may, at his discretion, take over radio, cable and other communication stations.

17. 14.. The Italian government will take the necessary steps to insure that all lawfully established local administrative authorities and all officers and employees of all government, provincial, municipal and other public services are required to continue to execute and discharge their duties, powers and functions, subject to such conditions or limitations as may be prescribed by the Allied Commander-in-Chief.

18. 15. The Italian government will take the necessary steps to insure that all military installations, roads, railroads, public or private utilities, waterways, bridges, telegraph and telephone nets, and communications of every kind in Metropolitan Italy shall in no manner be impaired and the necessary maintenance and repair will be the responsibility of the Italian authorities. All civil and military personnel now employed on these communications shall remain until further notice from the appropriate authorities.

19. 16. The Italian government and people will abstain from all action detrimental to the interests of the United Nations and will carry out promptly and efficiently all orders given by the Allied Commander-in-Chief. The Italian government will take all such measures as may be necessary to prevent strikes and lockouts, incitements to strike, or participation in labor disputes in all cases where these acts would be detrimental to the interests of the United Nations. and the Italian Supreme Command will order all Italian naval, military and air forces, all authorities and personnel to refrain immediately from destruction of or damage to any movable or immovable property, whether public or private.

20. 17. The Italian government will make available such Italian currency as the United Nations may require. The Italian government will withdraw and redeem in Italian currency within such time-limits and on such terms as the Allied Commander-in-Chief United Nations may specify all holdings in Italian territory of currencies issued by the United Nations during military operations or occupation and will hand over the currencies so withdrawn free of cost to the United Nations. The Italian government will take such measures as may be required by the Allied Commander-in-Chief United Nations for the control of banks and businesses in Italian territory, for the control of foreign exchange and foreign commercial and financial transactions and for the regulation of trade and production and will comply with any instructions issued by the United Nations regarding these and similar matters.

21. a. 18. There shall be no financial, commercial or other intercourse with or dealings with or for the benefit of countries at war with any of the United Nations or territories occupied by such countries or any other foreign country except under authorization of the Commander-in-Chief or designated officials.

b. The Italian government will immediately surrender all documents, specie, stocks, shares, paper money, together with the plants for the issue thereof, affecting public or private interests in all occupied countries, and all enemy countries.

22. 19. The Italian government will comply with such directions as the Allied Commander-in Chief United Nations may prescribe regarding restitution, delivery, services or payments by way of reparation and payment of the costs of occupation during the period of the present instrument.

23. 20. a. The Italian government will give to the Allied Commander-in-Chief such information as may be prescribed regarding the assets whether inside or outside Italian territory of the Italian State, the Bank of Italy, any and² Italian State or semi-State institution or Fascist organizations or any residents in Italian territory and any such assets except with the permission of the Allied Commander-in-Chief will not be disposed of or allowed to be disposed of outside Italian territories.

b. The Italian government will supply all information and provide all documents required by the United Nations. There shall be no destruction or concealment of archives, records, plans or any other documents or information.

24. 21. a. Insofar as this is not already accomplished all Fascist organizations, including all branches of the Fascist Militia (MVSN), the Secret Police (OVRA) and Fascist Youth Organizations will be disbanded in accordance with the directions of the Allied Commander-in-Chief. The Italian government will comply with all such further directions as the United Nations may give for abolition of Fascist institutions, the dismissal and internment of Fascist personnel, the control of Fascist funds, the suppression of Fascist ideology and teaching.

b. Benito Mussolini, his chief Fascist associates and all persons suspected of having committed war crimes or analogous offenses whose names appear on lists to be communicated by the Allied Commander-in-Chief United Nations will forthwith be apprehended and surrendered into the hands of the Allied Commander-in-Chief. Any instructions given by the Allied Commander-in-Chief for this purpose will be complied with.

25. 22. All Italian laws involving discrimination on grounds of race, color, creed or political opinions will insofar as this is not already accomplished be rescinded, and persons of whatsoever nationality detained on such grounds will, as directed by the Allied Commander-in-Chief, be released and relieved from all legal disabilities to which they have been subjected. The Italian government will comply with all such further directions as the Allied Commander-in-Chief may give for repeal of Fascist legislation and removal of any disabilities or prohibitions resulting therefrom.

26. 23. The Italian government will take and enforce such measures as may be necessary for the execution of the present instrument. Italian military and civil authorities will comply with any instructions issued by the Allied Commander-in-Chief for the same purpose.

27. 24. The Italian government will take such steps as the Allied Commander-in-Chief may direct to safeguard the persons of foreign Nationals and property of foreign States and Nationals.

25. a. There will be appointed a Control Commission representative of the United Nations charged with regulating and executing this Instrument under the orders and general directives of the Allied Commander-in-Chief.

28. b. The Italian government will send a delegation to the headquarters of the Allied Commander-in-Chief Control Commission to represent Italian interests and to transmit the orders of the Allied Commander-in-Chief Control Commission to competent Italian authorities.

26. The term “War Material” in the present Instrument denotes all material specified in such lists or definitions as may from time to time be issued by the Control Commission.

27. The term “Italian Territory” includes all Italian colonies and dependencies and shall for the purposes of the present Instrument (but without prejudice to the question of sovereignty) be deemed to include Albania. Provided however that except in such cases and to such extent as the United Nations may direct, the provisions of the present Instrument shall not apply in or affect the administration of any Italian colony or dependency already occupied by the United Nations or the rights or powers therein possessed or exercised by them.

28. a. The term “United Nations” in the present instrument includes the Allied Commander-in-Chief, the Control Commission and any other authority which the United Nations may designate.

b. The term “Allied Commander-in-Chief in the present instrument includes the Control Commission and such other officers and representatives as the Commander-in-Chief may designate.

29. “Military District” is defined as any port, road, locality, or other area over which the Military Governor has determined it to be necessary to exercise military jurisdiction.

30. The present instrument shall enter into force … hours after its signature.

It will remain in operation until superseded by any other arrangements or until the coming into force of the Peace Treaty with Italy.

31. The present instrument may be denounced by the United Nations with immediate effect if Italian obligations thereunder are not fulfilled or, as an alternative, the United Nations may penalize contravention of it by measures appropriate to the circumstances such as the extension of the areas of military occupation or air or other punitive action.

The present instrument is drawn up in English and Italian, the English text being authentic, and in case of any dispute regarding its interpretation, the decision of the Control Commission will prevail.

Signed on the . . . at . . . (hour) . . . (time) . . . (place).
(Signatures)

1. The blanks in this paragraph and in article 30 and the final paragraph, below, appear in the source text.
2. This change was probably a typographical error.